City of Fairfield Council met June 26.
Here is the minutes provided by the Council:
Meeting called to order by Mayor Brent Maguire at 6:00 p.m.
Prayer led by Mayor Maguire followed by the pledge of allegiance to the flag.
Attorney Rice administered the oath of office to Tyler Lampley, newly appointed alderman for the second ward.
City Clerk Tina Hutchcraft called the roll:
Mayor: Brent Maguire
City Clerk: Tina Hutchcraft
City Treasurer: Julie Duncan
City Attorney: Darrin Rice
Aldermen: Ralph Barbre; Mike Pottorff; Jim Griffith; Tyler Lampley; Eugene McGill; Jerry Lisenbee; Terry Stahl; Ed Prince
Also Present: Jeff Vaughan, Wayne County Press; Andrew Miller, Fire Chief; Keith Colclasure, Police Chief; Silas Eckleberry, Assistant Police Chief; Flo Simpson, FADC; D.E. Young, Garage Department; Kevin Leonard, Water Distribution; Dian Downs; and other citizens from the community.
The minutes of the meeting of June 12, 2018, agendas and bills of June 26, 2018 were sent out to those entitled to receive them. Mayor Maguire asked for approval of the minutes for the June 12, 2018 meeting. Motion by Alderman Griffith, seconded by Alderman Stahl to approve the minutes of the meeting of June 12, 2018.
Vote yes: Pottorff; Prince; Stahl; Barbre; Griffith; Lampley; Lisenbee; McGill
Vote no: none
Mayor Maguire declared motion carried.
Mayor Maguire asked for approval to pay the bills for the June 26, 2018 meeting. A motion was made by Alderman Barbre, seconded by Alderman Pottorff to approve the bills for payment.
Vote yes: Prince; Stahl; Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff
Vote no: none
Mayor Maguire declared motion carried.
Zoning Variance for 5 Esther Road – Mayor Maguire opened the public hearing for the zoning variance request for 5 Esther Road. During a regular Council meeting we have rules stating that anyone wishing to speak under the public comments section would have to sign up prior to the meeting but we will suspend the rules for the regular meeting and allow anyone to speak since we are actually having a public hearing to discuss this zoning variance for 5 Esther Road as requested by Dustin Strange. The Council is being asked to grant a variance to Mr. Strange at 5 Esther Road for the set-back (30 feet from Esther Road - his structure is less than 30 feet) and height (the height restriction for accessory structures is 2.5 stories – his structure is within this boundary – however, the permit granted by the Zoning Officer only permitted 16 feet). On April 1, 2015, Mr. Strange requested a building permit for a 42’x50’x16’ garage. Zoning Officer Flo Simpson informed him that the garage, being in an R-1 district, needed to be set back 30’. Mr. Strange asked how to do that measurement, and Zoning Officer Simpson informed him that she was advised that the measurement was to go from the center of the roadway to the structure. No written instructions were given to this effect, but this is apparently how Mr. Strange measured the set-back and it is incorrect – it should have been measured from the edge of the property adjacent to the road and measured 30’ back. Around that time a decision was made by the Mayor that the utilities would not be connected to Mr. Strange’s garage, due to the set-back violation and the height being in excess of the restriction contained in the permit. In the spring of 2018 Mr. Strange was instructed that he needed to bring the matter before the Zoning Board of Appeals, before the City Council would be able to take any action on the matter. He did petition the Zoning Board to consider this matter and they declined to grant the variance so now the Council is being asked to consider the matter. There is also a law suit filed against Mr. Strange by some homeowners in the neighborhood due to noncompliance with the Woodcrest Subdivision’s covenant. Derek Baker, attorney for Mr. Strange, told the Council that his client did everything he was supposed to do according to the instructions given him at the time including setting out flags indicating where the footings of the building were to be and that Mr. Strange was unaware of the subdivision’s covenant. Mrs. Simpson sent Mr. Strange a letter November 2, 2015 stating the problems with the height and set-back. The day the letter was written the building was substantially completed. Because of the delay of the notice of a problem with the permit, Mr. Baker feels this variance should be granted. He also reminded the Council that they are only to consider the zoning variance and the circuit court is responsible for the issue with the covenant.
Attorney Richard Kline addressed the Council on behalf of the opposing homeowners. He stated Mr. Strange knew the set-back requirement because it is in the city’s ordinances and that he knew the covenant existed because it was publicly recorded. He feels since the zoning board previously heard all the evidence and decided the variance should not be granted then the Council should not grant the request. He stated that Mr. Strange waited three years after receiving notice of a violation to seek this variance and admit he was wrong and didn’t abide by the ordinance.
Alderman Barbre asked what the remedy would be. The building has been there for three years. Typically a variance is granted before someone builds and not after. If a variance is not granted before then you don’t build. Now the building is there so what is the remedy? Attorney Rice stated if the Council voted to grant the variance Mr. Strange would be in compliance with the city’s requirement and the utilities could be turned on. Attorney Kline stated if the variance is not granted, then Mr. Strange could be given a monetary penalty according to the city’s code until his building is no longer in violation of the code. Attorney Baker stated the code also says “in passing upon variances, the enforcement officer shall be present where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter to vary or modify, etc.”. He stated if the variance is granted the building would stay where it is and that would be the end of it. He said the opposition has not given us anything to counteract the hardship that Mr. Strange would have to move or destroy the building other than they don’t like it and the fact that they don’t like is being handled in the circuit court because of the covenant.
Those speaking in opposition of the variance were: William B. Winter, Hugh Sons, Shari Winter, and Marilyn Shores. They asked the Council to consider the hardship of the neighbors and stated that two wrongs don’t make a right. They said the building is an eyesore and will cause the value of their homes to go down. It was also stated that the building obstructs the view in the roadway intersection.
Those from the public speaking on behalf of Mr. Strange were: Doug Strange, Jennifer Miller, Tammy Ingram, and Beth Strange. They stated the building does not bother them at all and that the building does not obstruct the view of the roadway.
Mayor Maguire stated we cannot let this issue be a personal issue and the Council has to make their decision based on the facts. The public hearing portion of the meeting ended at 6:56 p.m.
Mayor Maguire reminded the Council that we are only considering whether or not a variance is to be granted and we cannot make our decision based upon the covenant of the subdivision. A motion was made by Alderman Stahl, seconded by Alderman Lampley to grant the height and set-back variance requested by Mr. Strange for 5 Esther Road.
Vote yes: Stahl; Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince
Vote no: none
Mayor Maguire declared motion carried and stated the utilities to the building would be turned on.
Ordinance No. 18-0626-157 Authorizing the Sale of Municipally Owned Real Property – At the last meeting we opened and awarded the bid for the sale of Lot 46 and Lot 47 in the Rinard’s First Addition. We need to adopt this ordinance to officially approve the sale of these lots to Shaun Rush in the amount of $7,500.00. A motion was made by Alderman Prince, seconded by Alderman Griffith to approve this ordinance.
Vote yes: Barbre; Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince; Stahl
Vote no: none
Mayor Maguire declared motion carried and Ordinance No. 18-0626-157 approved and duly adopted.
Approval of Quote from Kemper CPA Group – Kemper CPA Group has given us a quote for the audit and tax work for the years ending April 30, 2018, 2019, and 2020. The price for each year is $22,000. A motion was made by Alderman Barbre, seconded by Alderman Pottorff to approve the quote from Kemper CPA Group.
Vote yes: Griffith; Lampley; Lisenbee; McGill; Pottorff; Prince; Stahl; Barbre
Vote no: none
Mayor Maguire declared motion carried.
Update Concerning Ordinance Violations – Chief Colclasure gave the Council an update concerning properties with ordinance violations. The police department has identified 94 properties with violations. So far three houses in town have been demolished. He will continue to keep the Council updated every Council meeting.
Miscellaneous – Alderman McGill wanted to recognize Andy Rogers and Dana Morgan. They both will be retiring and he thanked them for their service to the city.
Miscellaneous – Mayor Maguire reminded everyone about the fireworks on Friday, July 6th that will be held at Southwest Park. There will also be an Independence Day celebration on and around the courthouse lawn from 4-8 p.m.
Executive Session – Alderman Barbre made a motion, seconded by Alderman McGill to go into Executive Session to discuss Section 2(c)(21) – discuss minutes of closed session meetings and Section 2(c)(1) – appointment, employment, compensation, discipline of employees of the public body.
Vote yes: Lampley; Lisenbee; McGill; Pottorff; Prince; Stahl; Barbre; Griffith
Vote no: none
Mayor Maguire declared motion carried.
Return to Regular Session – Alderman Barbre made a motion, seconded by Alderman McGill to return to regular session.
Vote yes: Barbre; Pottorff; Griffith; Lampley; McGill; Lisenbee; Stahl; Prince
Vote no: none
Mayor Maguire declared motion carried and Council returned to regular session at 7:42 p.m.
Adjourn Meeting – Motion by Alderman Pottorff, seconded by Alderman McGill to adjourn the meeting.
Vote yes: 8
Vote no: 0
Mayor Maguire declared meeting adjourned at 7:45 p.m.
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